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Employers Take Note: NLRB Provides Guidance For Social Media Cases

September 06, 2011 16:09

The focus on social media by the National Labor Relations Board (“NLRB” or the “Board”) continues as evidenced by its recent report issued by Acting General Counsel Lafe Solomon.  The report discusses fourteen social media cases that were decided by the Board after...

Recent Articles

NLRB New Posting Still Effective April 30, 2012

March 19, 2012 13:36

In several prior blog entries, we told you about the NLRB’s new requirement that employers post a notice regarding employee rights under the NLRA.  Employers have been following the story with interest. Initially proposed by the NLRB in December 2010, the new posting tells employees...

EEOC Issues Guidance To Disabled Vets And Employers

March 13, 2012 19:05

On February 28, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued additional guidance to wounded veterans and to employers under the ADA Amendments Act of 2008.  The two publications are revised versions of guides that originally were posted by the EEOC in February...

Heads, I Win; Tails, You Lose: The Dilemma of Conflicting Disparate-Impact and Disparate-Treatment Claims in the Wake of Ricci v. DeStefano

March 09, 2012 18:29

In its decision in Ricci v. DeStefano, 129 S.Ct. 2658 (2009), the Supreme Court sought to resolve a conflict between the “twin pillars of Title VII,” the Act’s disparate-impact and disparate-treatment provisions.  Ricci involved a promotional examination administered by the...

OFCCP Proposes 2013 Budget, Announces Goals

March 06, 2012 15:05

The Office of Federal Contract Compliance Programs (OFCCP) budget request for next year reflects its intent to increase aggressive enforcement.  The OFCCP, part of the U.S. Department of Labor, is the agency charged with enforcing the affirmative action obligations of federal contractors and...

Quickie Union Elections With Less Supervision: Let The Games Begin

February 24, 2012 16:34

In prior postings, we have reported about the potential effects that the National Labor Relations Board’s (“NLRB”) recent pro-labor composition could have on non-union employers and how it will become increasingly easier for unions to organize employees as a result of the...

New York Case Challenges President Obama's NLRB Appointments

February 21, 2012 17:02

Several of our recent posts have addressed the sharp criticism directed towards President Obama in response to his recent recess appointments to the NLRB.  A new case filed in the Eastern District of New York may result in one of the first court rulings involving a challenge to the...

EEOC Releases FY 2011 Statistics; Charges At An All-Time High

February 13, 2012 15:37

On January 25, 2012, the Equal Employment Opportunity Commission (“EEOC”) released its enforcement and litigation statistics for FY 2011.  The statistics show that the EEOC received a record 99,947 charges of discrimination and that, despite a record number of charges, the EEOC...

Eleventh Circuit Holds That Employer Neutrality Agreement May Be A "Thing Of Value" Under LMRA; Creates Circuit Split

February 07, 2012 19:53

Last month, the Eleventh Circuit issued an important ruling in favor of an employee who is accusing his employer and UNITE HERE of violating the Labor Management Relations Act ("LMRA") by entering into an organizing rights agreement that includes employer neutrality and employee access...

NLRB Releases Second Round Of Guidance For Social Media Cases

February 02, 2012 17:19

Last week, the NLRB’s Acting General Counsel, Lafe Solomon, released a second report containing guidance relating to employees’ use of social media.  This report comes less than six months after the release of the NLRB’s first report on the subject in August 2011.  Like...